Erb's Palsy Litigation
Legal action following your child's brachial-plexus injury may help you and your family members find closure. However, the litigation process is complex and requires skilled legal representation.
A successful lawsuit can award your family members compensation for your child's medical expenses and future treatment. Learn more about the Erb's palsy lawsuit process.
The Legal Process
Families file lawsuits against Erb's palsy to obtain compensation for medical costs and other losses. The amount of money offered in a settlement is contingent upon the particular situation of your child as well as the severity of their injuries but it can easily go into the millions of dollars.
Many of Erb's lawsuits involving palsy are settled out of court. Lawyers for the plaintiff and defendant collaborate to negotiate an agreement that is satisfactory to both parties. This can speed up the legal process dramatically and keep your family from having a judge or jury decide on their case. If your family members are unable to reach an agreement on a settlement, you will need to go to the court. This could take a long amount of time, but it could also result in a larger award.
The brachial area is a group of nerves which control movement in the arm. Forceful pulling on the neck, head shoulders or arms during labor and delivery -- such as when doctors make use of forceps or vacuum extractors excessively -- can harm these nerves, causing Erb's palsy. In many cases, this injury is preventable. Families seek to hold negligent healthcare providers accountable for the injuries they cause. They also want to raise awareness about the birth injury that could have been avoided. In the past the lawsuits have helped families get an affordable financial settlement and get their child's life back on course.
Mediation or Arbitration
If your child was injured while in the womb by medical negligence and suffered brachial paralysis, an Erb's Settlement for palsy could help you cover the cost of their treatment. This could include surgery, therapy aidive devices, and treatment.
Many lawsuits are settled out of court. This means that plaintiffs can receive compensation faster and prevents the possibility of a judge overturning a jury verdict. Your lawyer and the hospital's lawyers will likely attempt to negotiate a settlement prior to when the trial starts.
If you are unable to reach an agreement, the case will be referred to arbitration. A neutral third party will hear both sides and decide who will win the case. This type of hearing can be more informal than a trial, however it is crucial to present physical evidence and witnesses for the hearing.
You should also have copies of all your legal documents and witnesses to present them at the hearing. You can either invite your witnesses to the hearing or submit their statements using video conferencing. You must ensure that all your witnesses are aware they must attend the hearing by submitting subpoenas ahead of time. You must also keep the numbers of your witnesses and addresses on file, in case you need to contact them for a future witness.
Complaints in Court
Many children suffering from the condition Erb's-Palsy can overcome physical limitations with intense physical therapy every day. Some may require surgery to repair sprained or damaged nerve fibers. A large number of children are not able to recover and will have to live with the effects of this birth injury. Parents who believe that their child's Erb's paralysis was due to negligence in the delivery procedure have the right to claim fair compensation for the injuries suffered by their child.
To determine the value of your case your lawyer will collaborate with doctors who are experts in treating these ailments to come up with a lifetime cost-of living estimate. This will help determine the amount you're entitled to from the Erb's palsy settlement. Your lawyer can also help you get copies of the medical records for your child and determine if the doctor involved in the birth of your child had a history of similar malpractice cases.
Once your lawyer has a clear knowledge of the injuries suffered by your child and the extent of the injuries, she will file a lawsuit against the defendants. Both sides will go through the discovery phase. This involves exchanging evidence, which includes expert opinions and depositions. Additional medical records are also included. This is a crucial part of your legal argument because it allows you to construct your arguments. Settlements can last for up to one year.
Settlement
If your Erb's Palsy lawsuit is successful, your lawyer may be able get compensation to cover medical expenses and future treatment costs, including adaptive devices and physical therapy. You could also be awarded damages for emotional trauma as well as loss of quality of life.
Your lawyer will have to gather evidence to prove the negligence that caused your child's brachial plexus injury and may include medical records, witness statements and expert testimony. Once your lawyer has gathered the evidence, they will make a claim against the defendants. They are typically the medical professionals who have delivered your child. The defendants are then given a specific period of time to respond. During erb's palsy attorneys carmel , each side will gather evidence to support their claims.
Most lawsuits settle out of court rather than going to trial, as it's more cost-effective for the parties involved. If your attorney is confident that they will win the case at trial, they might decide to pursue it to a jury verdict. A successful verdict can provide families with a sense of justice and increase awareness of how to avoid any future birth injuries. If your verdict isn't favorable you may appeal. This process may take longer, but it will increase the amount you get.